Facing foreclosure in New York City? New York residential foreclosures are judicial — lenders must file a complaint in the NY Supreme Court in the county where the property is located. Homeowners are served with a summons and complaint and generally have a limited time to file an Answer under CPLR § 320(a). For owner-occupied residential properties, CPLR 3408 generally requires the court to hold a mandatory settlement conference to facilitate discussion of potential alternatives to foreclosure. The case proceeds through motion practice, discovery, and potentially trial. We prepare Answers, Motions, settlement conference materials, and all NY Supreme Court–ready documents for New York City homeowners representing themselves pro se in all five boroughs — New York County, Kings County, Queens County, Bronx County, and Richmond County.
NY Supreme Court
Judicial foreclosure — all 5 boroughs
Answer Deadline
CPLR § 320(a) — file promptly
CPLR 3408 Settlement Conference
Owner-occupied residential property
Pro Se Document Prep
NY Supreme Court–ready filings
New York residential foreclosures are judicial. Lenders file a complaint in the NY Supreme Court in the county where the property is located — New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, or Richmond County (Staten Island). Homeowners are served with a summons and complaint and generally have a limited time to file an Answer under CPLR § 320(a). For owner-occupied residential properties, CPLR 3408 generally requires the court to hold a mandatory settlement conference. RPAPL § 1304 imposes pre-foreclosure notice requirements, and the six-year statute of limitations under CPLR 213 may be relevant in certain cases. The duration of the process depends on the county, whether the case is contested, and the court's docket. Homeowners should consult with a qualified New York attorney for case-specific guidance.
RPAPL § 1304 Pre-Foreclosure Notice
Under RPAPL § 1304, the lender is generally required to send a pre-foreclosure notice to the borrower at least 90 days before commencing a foreclosure action for certain residential mortgages. The notice must comply with specific statutory requirements. Material defects in the RPAPL § 1304 notice may provide grounds to challenge the foreclosure. Homeowners should consult with a qualified New York attorney to evaluate whether an RPAPL § 1304 defense is available.
Summons & Complaint — NY Supreme Court
The lender files a complaint in the NY Supreme Court in the county where the property is located — New York County, Kings County, Queens County, Bronx County, or Richmond County. The homeowner is served with a summons and complaint and generally has a limited time to file an Answer under CPLR § 320(a). Failing to file a timely Answer may result in a default judgment. The specific deadline depends on the method of service.
CPLR 3408 Settlement Conference & Court Proceedings
For owner-occupied residential properties, CPLR 3408 generally requires the court to hold a mandatory settlement conference to facilitate discussion of potential alternatives to foreclosure, such as loan modification. If the case does not resolve at the conference, it proceeds through motion practice, discovery, and potentially trial. The duration of the process varies significantly depending on the county, whether the case is contested, and the court's docket.
Critical: Once served with a foreclosure summons in New York City, the time to file an Answer is limited under CPLR § 320(a). Failing to file a timely Answer may result in a default judgment. Filing an Answer alone does not guarantee dismissal — the outcome depends on the specific facts and legal defenses available. For owner-occupied properties, CPLR 3408 may provide access to a mandatory settlement conference. Consult a qualified New York attorney to evaluate your options.
Whether you have just been served with a foreclosure summons in any of the five boroughs or a CPLR 3408 settlement conference has already been scheduled — early preparation is generally important. CPLR 3408 and RPAPL § 1304 provide procedural protections for New York City homeowners. Free consultation. No obligation.